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Texas Board of Pardons and Paroles v. Feinblatt

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The Texas Board of Pardons and Paroles (the Board) appeals the trial court’s denial of its plea to the jurisdiction. *fn1 Stuart Feinblatt, a hearings examiner employed by the Board, claims that after he reported allegedly illegal actions taken by the Board, he received a negative performance evaluation and disciplinary action. He filed a whistleblower cause of action against the Board alleging retaliatory adverse employment actions; he later amended his complaint to include a claim for retaliatory constructive discharge. See Tex. Gov’t Code Ann. �� 554.001-.010 (West 1994 & Supp. 2002). The Board filed a plea to the jurisdiction and a motion for summary judgment on the ground that Feinblatt’s claim did not effect a waiver of its immunity as provided for in the Act. See id. � 554.0035 (West Supp. 2002). The Board contended that Feinblatt had failed timely to initiate administrative remedies as required by the whistleblower statute and that he did not make a good- faith report to an appropriate law enforcement agency. See id. �� 554.002, .006. The trial court denied the plea and the motion for summary judgment. We hold that (1) initiation of internal grievance procedures is a statutory prerequisite to suit and that Feinblatt timely initiated such procedures and (2) Feinblatt’s good-faith belief is an element of his cause of action and not a statutory prerequisite to suit. We therefore affirm the judgment of the trial court.

BACKGROUND

The statutory provisions relating to the Board are found in chapter 508 of the government code. See Tex. Gov’t Code Ann. �� 508.001-.324 (West 1998 & Supp. 2002). Board members determine various matters in connection with parole and mandatory supervision. Id. �� 508.044, .045. The statute gives the Board the power to determine:

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